This week the Department of Homeland Security announced an extension and redesignation of Temporary Protected Status (TPS) for Burma. The extension of TPS allows for an additional 18 months of protected status starting from November 26, 2022 through May 25, 2024, due to the worsened humanitarian conditions in Burma that prevent Burmese individuals in the U.S. from safely returning. This extension impacts approximately 970 existing Burmese beneficiaries of TPS and applies so long as beneficiaries continue to comply with TPS eligibility requirements.

In order to re-register timely, current Burmese beneficiaries of TPS must re-register during the allotted 60-day period between September 27, 2022 and November 26, 2022 to ensure both their TPS and work authorization remains valid without gaps. Due to the potential influx in processing new Employment Authorization Documents (EADs), DHS has stated that re-registrants who re-register timely will receive an automatic extension of their EAD through November 25, 2023.

Under the TPS redesignation of Burma, which was issued for the same reason, it appears that an additional 2,290 individuals may be eligible for TPS. This approximation of additional individuals is comprised of nationals of Burma and individuals without nationality who last resided in Burma, who are in the United States in nonimmigrant status or without lawful immigration status.               

For first-time Burma TPS applicant’s under the redesignation to file timely, they must submit Form I-821, Application for Temporary Protected Status during the registration period running from September 27, 2022 through May 25, 2024. Both the Form I-821 and Form I-765, Application for Employment Authorization may be filed by Burmese TPS applicants online.

USCIS will continue processing pending Form I-821 applications or related Form I-765 applications filed pursuant to Burma’s initial TPS designation so there is no need to resubmit either application that is currently still pending. If either the Form I-821 and/or Form I-765 is approved, USCIS will grant the individual Burmese applicant TPS through the extended period of May 25, 2024.

If you are uncertain if you meet the eligibility criteria under TPS for Burma, consult with an immigration attorney.

By: Jeanetly Garcia

Jeanetly Garcia advises employers and individuals through all phases of the non-immigrant visa process. As an attorney in the H-1B Department at Reddy Neumann Brown PC she is experienced in filing nonimmigrant petitions and applications for immigrant benefits, as well as, responding to USCIS issued requests for evidence concerning an array of legal issues. 

Reddy & Neumann has been serving the business community for over 20 years and is Houston’s largest immigration law firm focused solely on US. Employment-based immigration. We work with both employers and their employees, helping them navigate the immigration process quickly and cost-effectively.